Air Plan Approval; Alabama: Prevention of Significant Deterioration Updates, 46921-46923 [2017-21605]
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
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FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–21606 Filed 10–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0360; FRL–9968–90–
Region 4]
Air Plan Approval; Alabama:
Prevention of Significant Deterioration
Updates
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of revisions to
Alabama’s State Implementation Plan
(SIP), submitted by the State of
Alabama, through the Alabama
Department of Environmental
Management (ADEM), on May 8, 2013,
and August 23, 2016. The portions of
these SIP revisions that EPA is
finalizing approval of relate to the
State’s Prevention of Significant
Deterioration (PSD) permitting program.
This action is being taken pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective November
9, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0360. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
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SUMMARY:
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Andres Febres of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Febres can be reached by telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 8, 2013 and August 23, 2016,
ADEM submitted SIP revisions for
EPA’s approval that include changes to
Alabama’s PSD permitting regulations,
among other changes. In a notice of
proposed rulemaking published on
August 15, 2017 (82 FR 38660), EPA
proposed to approve certain portions of
these submittals that make changes to
ADEM Administrative Code Rule 335–
3–14–.04—‘‘Air Permits Authorizing
Construction in Clean Areas (Prevention
of Significant Deterioration Permitting
(PSD)),’’ which applies to the
construction or modification of any
major stationary source in areas
designated as attainment or
unclassifiable as required by part C of
title I of the CAA.
Alabama’s May 8, 2013, SIP submittal
includes changes to Rule 335–3–14–.04
to address the Federal rule entitled
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers
(PM2.5): Amendment to the Definition of
‘Regulated NSR Pollutant’ Concerning
Condensable Particulate Matter,’’ 77 FR
65107 (October 25, 2012) (hereinafter
referred to as the PM2.5 Condensables
Correction Rule),1 and plantwide
applicability limits (PALs) for
greenhouse gases (GHGs) as allowed in
the Federal rule entitled ‘‘Prevention of
Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule Step 3
and GHG Plantwide Applicability
Limits,’’ 77 FR 41051 (July 12, 2012)
(hereinafter referred to as the GHG Step
3 Rule).2 In addition, the SIP submittal
includes changes to the definition of
GHGs in Rule 335–3–14–.04 and Rule
1 Given
the corrections to the federal definition of
‘‘particulate matter emissions’’ in the PM2.5
Condensables Correction Rule, EPA is removing the
note regarding ‘‘particulate matter emissions’’ in the
table entry for Rule 335–3–14–.04 at 40 CFR
52.50(c). In addition, EPA is removing the note
regarding PM2.5 Significant Impact Levels (SILs) in
the table entry for Rule 335–3–14–.04 at 40 CFR
52.50(c) because, on October 9, 2014, ADEM
submitted a letter to EPA withdrawing these SILs
from EPA’s consideration as included in a May 2,
2011, SIP submittal.
2 For background information on GHG permitting,
including the GHG Step 3 Rule, see 82 FR 38662.
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46921
335–3–16 (regarding major source
operating permits) to address EPA’s July
20, 2011 rule deferring PSD
requirements for carbon dioxide (CO2)
emissions from bioenergy and other
biogenic sources (hereinafter referred to
as the ‘‘Biomass Deferral Rule’’).3
Alabama’s May 8, 2013, SIP submission
also includes the following changes to
other Alabama rules: Changes to the
definition of Volatile Organic
Compounds (VOCs) at Rule 335–3–1–
.02; changes to the incorporation by
reference (IBR) of the Federal New
Source Performance Standards in
Chapter 335–3–10 and National
Emissions Standards for Hazardous Air
Pollutants in Chapter 335–3–11; and
changes regarding transportation
conformity provisions at Rule Chapter
335–3–16.
Alabama’s August 23, 2016, SIP
submittal includes changes to Rule 335–
3–14–.04 and Rule Chapter 335–3–16 to
remove the treatment of GHGs as an air
pollutant for the specific purpose of
determining whether a source is a major
source (or a modification thereof) in
PSD and title V permitting
requirements.4 The submittal also
withdraws the portion of the State’s
May 8, 2013, SIP submittal that revises
Rule 335–3–14–.04 to address the
Biomass Deferral Rule and makes
changes to the GHG Step 3 language
proposed in Alabama’s May 8, 2013,
submittal.
In the August 15, 2017, proposed
rulemaking, EPA proposed to approve
only the portions of the May 8, 2013,
submittal that make changes to the GHG
PAL provisions pursuant to the GHG
Step 3 rule and the portions of the
August 23, 2016, submittal that
discontinue regulation of GHGs as an air
pollutant for the specific purpose of
determining whether a source is a major
source (or a modification thereof) in
PSD and title V permitting requirements
and that make changes to the GHG Step
3 language proposed in Alabama’s May
8, 2013, submittal. EPA did not propose
any action on the remaining portions of
these submittals. The details of
Alabama’s SIP revisions and the
3 Emissions of CO from a stationary source
2
directly resulting from the combustion or
decomposition of biologically-based materials other
than fossil fuels and mineral sources of carbon (e.g.,
calcium carbonate) and biologically-based material
(non-fossilized and biodegradable organic material
originating from plants, animals or microorganisms, including products, by-products,
residues and waste from agriculture, forestry and
related industries as well as the non-fossilized and
biodegradable organic fractions of industrial and
municipal wastes, including gases and liquids
recovered from the decomposition of non-fossilized
and biodegradable organic material).
4 i.e., removing regulation of ‘‘GHG-only’’ sources.
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
rationale for EPA’s action are further
explained in the notice of proposed
rulemaking. Comments on the proposed
rulemaking were due on or before
September 14, 2017. EPA did not
receive any comments on the proposed
action, adverse or otherwise.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of ADEM Administrative
Code Rules 335–3–14–.04(1)(k), 335–3–
14–.04(2)(a)(ii), and 335–3–14–.04(b)4,
state effective on November 25, 2014.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information). Therefore, these materials
have been approved by EPA for
inclusion into Alabama’s SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.5
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III. Final Action
EPA is finalizing approval of portions
of Alabama’s May 8, 2013, and August
23, 2016, SIP submittals that revise the
PSD permitting program at Rule 335–3–
14–.04—‘‘Air Permits Authorizing
Construction in Clean Areas (Prevention
of Significant Deterioration Permitting
(PSD))’’ by removing language
regulating GHG-only sources and by
adding language to the PAL provisions.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
5 62
FR 27968 (May 22, 1997).
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impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
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agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 11, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate Matter, Volatile organic
compounds.
Dated: September 21, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42.U.S.C. 7401 et seq.
Subpart B—Alabama
2. In § 52.50, the table in paragraph (c)
is amended under ‘‘Chapter No. 335–3–
14 Air Permits’’ by revising the entry for
‘‘Section 335–3–14–.04’’ to read as
follows:
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§ 52.50
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Identification of plan.
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(c) * * *
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
EPA APPROVED ALABAMA REGULATIONS
State citation
State effective
date
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EPA approval date
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Title/subject
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Chapter No. 335–3–14
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Section 335–3–14–.04
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Air Permits Authorizing Construction in
Clean Air Areas [Prevention of Significant
Deterioration Permitting (PSD)).
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[FR Doc. 2017–21605 Filed 10–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0524; FRL–9968–
35—Region 9]
Approval of California Air Plan
Revisions, Antelope Valley Air Quality
Management District
The Environmental Protection
Agency (EPA) is taking final action to
approve and conditionally approve
revisions to the Antelope Valley Air
Quality Management District (AVAQMD
or ‘‘District’’) portion of the California
State Implementation Plan (SIP). These
revisions concern the District’s
SUMMARY:
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11/25/2014
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10/10/2017 ........................
[Insert Federal Register
citation].
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demonstration regarding Reasonably
Available Control Technology (RACT)
requirements for the 1997 8-hour ozone
and the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS or ‘‘standards’’) in the
Antelope Valley ozone nonattainment
area. The EPA is also taking final action
to approve AVAQMD negative
declarations into the SIP for the 1997
and the 2008 ozone standards.
We are approving local SIP revisions
under the Clean Air Act (CAA or the
Act).
This rule will be effective on
November 9, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2016–0524. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 28, 2017 (82 FR 35149), the
EPA proposed action on the following
documents submitted into the California
SIP.
AVAQMD
AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis
(RACT SIP Analysis)—1997 8-hour Ozone NAAQS ‘‘2006 RACT SIP’’.
AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis
(2015 RACT SIP Analysis)—2008 8-hour Ozone NAAQS ‘‘2015 RACT SIP’’.
AVAQMD Federal Negative Declarations for Twenty Control Techniques Guidelines Source Categories.
AVAQMD Federal Negative Declarations for Seven Control Techniques Guidelines Source Categories.
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AVAQMD
Specifically, the EPA proposed to
conditionally approve AVAQMD’s 2006
and 2015 RACT SIPs with respect to
Rule 462, Organic Liquid Loading; Rule
1110.2, Emissions from Stationary, Nonroad & Portable Internal Combustion
Engines; Rule 1151, Motor Vehicle and
Mobile Equipment Coating Operations;
and Rule 1171, Solvent Cleaning
Operations. Simultaneously, EPA
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Adopted
proposed to fully approve the remainder
of the 2006 and 2015 RACT SIPs, and
to fully approve AVAQMD’s negative
declarations submitted on October 23,
2015 and June 7, 2017. We
simultaneously withdrew our December
15, 2016 proposal to partially approve
and partially disapprove AVAQMD’s
2006 and 2015 RACT SIPs because the
AVAQMD committed to address the
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material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Document
AVAQMD
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Local
agency
AVAQMD
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Air Permits
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Explanation
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Submitted
09/19/06
01/31/07
07/21/15
10/23/15
07/21/15
10/23/15
12/20/16
06/07/17
identified deficiencies within one year
of the approval of the plan revision.
We proposed to approve these
submittals because we determined that
they complied with the relevant CAA
requirements. Our proposed action
contains more information on the
submittals and our evaluation.
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[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46921-46923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21605]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0360; FRL-9968-90-Region 4]
Air Plan Approval; Alabama: Prevention of Significant
Deterioration Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of revisions to Alabama's State
Implementation Plan (SIP), submitted by the State of Alabama, through
the Alabama Department of Environmental Management (ADEM), on May 8,
2013, and August 23, 2016. The portions of these SIP revisions that EPA
is finalizing approval of relate to the State's Prevention of
Significant Deterioration (PSD) permitting program. This action is
being taken pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective November 9, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0360. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Febres can be reached by telephone at (404) 562-8966 or
via electronic mail at febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 8, 2013 and August 23, 2016, ADEM submitted SIP revisions
for EPA's approval that include changes to Alabama's PSD permitting
regulations, among other changes. In a notice of proposed rulemaking
published on August 15, 2017 (82 FR 38660), EPA proposed to approve
certain portions of these submittals that make changes to ADEM
Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing
Construction in Clean Areas (Prevention of Significant Deterioration
Permitting (PSD)),'' which applies to the construction or modification
of any major stationary source in areas designated as attainment or
unclassifiable as required by part C of title I of the CAA.
Alabama's May 8, 2013, SIP submittal includes changes to Rule 335-
3-14-.04 to address the Federal rule entitled ``Implementation of the
New Source Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5): Amendment to the Definition of
`Regulated NSR Pollutant' Concerning Condensable Particulate Matter,''
77 FR 65107 (October 25, 2012) (hereinafter referred to as the
PM2.5 Condensables Correction Rule),\1\ and plantwide
applicability limits (PALs) for greenhouse gases (GHGs) as allowed in
the Federal rule entitled ``Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide
Applicability Limits,'' 77 FR 41051 (July 12, 2012) (hereinafter
referred to as the GHG Step 3 Rule).\2\ In addition, the SIP submittal
includes changes to the definition of GHGs in Rule 335-3-14-.04 and
Rule 335-3-16 (regarding major source operating permits) to address
EPA's July 20, 2011 rule deferring PSD requirements for carbon dioxide
(CO2) emissions from bioenergy and other biogenic sources
(hereinafter referred to as the ``Biomass Deferral Rule'').\3\
Alabama's May 8, 2013, SIP submission also includes the following
changes to other Alabama rules: Changes to the definition of Volatile
Organic Compounds (VOCs) at Rule 335-3-1-.02; changes to the
incorporation by reference (IBR) of the Federal New Source Performance
Standards in Chapter 335-3-10 and National Emissions Standards for
Hazardous Air Pollutants in Chapter 335-3-11; and changes regarding
transportation conformity provisions at Rule Chapter 335-3-16.
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\1\ Given the corrections to the federal definition of
``particulate matter emissions'' in the PM2.5
Condensables Correction Rule, EPA is removing the note regarding
``particulate matter emissions'' in the table entry for Rule 335-3-
14-.04 at 40 CFR 52.50(c). In addition, EPA is removing the note
regarding PM2.5 Significant Impact Levels (SILs) in the
table entry for Rule 335-3-14-.04 at 40 CFR 52.50(c) because, on
October 9, 2014, ADEM submitted a letter to EPA withdrawing these
SILs from EPA's consideration as included in a May 2, 2011, SIP
submittal.
\2\ For background information on GHG permitting, including the
GHG Step 3 Rule, see 82 FR 38662.
\3\ Emissions of CO2 from a stationary source
directly resulting from the combustion or decomposition of
biologically-based materials other than fossil fuels and mineral
sources of carbon (e.g., calcium carbonate) and biologically-based
material (non-fossilized and biodegradable organic material
originating from plants, animals or micro-organisms, including
products, by-products, residues and waste from agriculture, forestry
and related industries as well as the non-fossilized and
biodegradable organic fractions of industrial and municipal wastes,
including gases and liquids recovered from the decomposition of non-
fossilized and biodegradable organic material).
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Alabama's August 23, 2016, SIP submittal includes changes to Rule
335-3-14-.04 and Rule Chapter 335-3-16 to remove the treatment of GHGs
as an air pollutant for the specific purpose of determining whether a
source is a major source (or a modification thereof) in PSD and title V
permitting requirements.\4\ The submittal also withdraws the portion of
the State's May 8, 2013, SIP submittal that revises Rule 335-3-14-.04
to address the Biomass Deferral Rule and makes changes to the GHG Step
3 language proposed in Alabama's May 8, 2013, submittal.
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\4\ i.e., removing regulation of ``GHG-only'' sources.
---------------------------------------------------------------------------
In the August 15, 2017, proposed rulemaking, EPA proposed to
approve only the portions of the May 8, 2013, submittal that make
changes to the GHG PAL provisions pursuant to the GHG Step 3 rule and
the portions of the August 23, 2016, submittal that discontinue
regulation of GHGs as an air pollutant for the specific purpose of
determining whether a source is a major source (or a modification
thereof) in PSD and title V permitting requirements and that make
changes to the GHG Step 3 language proposed in Alabama's May 8, 2013,
submittal. EPA did not propose any action on the remaining portions of
these submittals. The details of Alabama's SIP revisions and the
[[Page 46922]]
rationale for EPA's action are further explained in the notice of
proposed rulemaking. Comments on the proposed rulemaking were due on or
before September 14, 2017. EPA did not receive any comments on the
proposed action, adverse or otherwise.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of ADEM
Administrative Code Rules 335-3-14-.04(1)(k), 335-3-14-.04(2)(a)(ii),
and 335-3-14-.04(b)4, state effective on November 25, 2014. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 4 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion into Alabama's SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\5\
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\5\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing approval of portions of Alabama's May 8, 2013,
and August 23, 2016, SIP submittals that revise the PSD permitting
program at Rule 335-3-14-.04--``Air Permits Authorizing Construction in
Clean Areas (Prevention of Significant Deterioration Permitting
(PSD))'' by removing language regulating GHG-only sources and by adding
language to the PAL provisions.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 11, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate Matter, Volatile
organic compounds.
Dated: September 21, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. In Sec. 52.50, the table in paragraph (c) is amended under
``Chapter No. 335-3-14 Air Permits'' by revising the entry for
``Section 335-3-14-.04'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
[[Page 46923]]
EPA Approved Alabama Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Chapter No. 335-3-14 Air Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-14-.04............. Air Permits Authorizing 11/25/2014 10/10/2017.......................... ....................................
Construction in Clean [Insert Federal Register citation]..
Air Areas [Prevention of
Significant
Deterioration Permitting
(PSD)).
* * * * * * *
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* * * * *
[FR Doc. 2017-21605 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P
